TERMS & CONDITIONS
Eligibility:
To be eligible for this program the Triton Distributor or Value Added Reseller (the "Participant") must have an account in good standing with Triton
General:
The Triton Trade-in Program (the "Program") provides end-user customers with the opportunity to replace eligible ATM machines with new Triton products. Participant agrees that all decisions of Triton relating to the Program are final and binding in all respects. This Program may not be combined with any other Triton offer or promotion. Submission of false or incomplete information or documentation may result in immediate disqualification from the Program, in addition to any and all other rights and remedies available to Triton. Triton has the right to deny any claim that does not meet the criteria and terms of the Program. Triton reserves the right to modify, suspend, cancel or terminate any aspect of the Program at any time. The Program is void where prohibited or otherwise restricted by law. Participant may be disqualified if Triton determines, in its sole discretion, that participation in the Program would violate any applicable law.
Submissions:
- The Trade-In Equipment must be in working condition, with all parts and components, and legally owned and used by the Participant within the forty-five (45) days prior to Participant’s submission to Triton.
- In some cases equipment missing a part may be considered but this exception must be agreed upon in writing prior to shipping the trade up unit. Deductions will be taken for exclusion of, but not limited to, the follow items: missing locks or combinations, missing cassettes or reject trays, incomplete signage or missing toppers, missing master passwords.etc. The amount of the deduction will vary depending on the occurrence and a Triton or ATMGurus representative will contact Participant prior to unit disposition via Revised Trade-In Value form.
- Participant must remove all proprietary and confidential data from the Trade-In Equipment prior to submission.
- A Trade-In Equipment’s value shall be determined in Triton’s sole discretion using Triton’s Trade-In Valuation Table as a guide; provided that final determination shall be subject to Triton’s inspection of the Trade-In Equipment.
- Triton will send Participant an email and/or fax confirmation when Participant’s Trade-In Equipment is received by Triton (the "Confirmation") noting: (i) any alternative valuation of the Trade-In Equipment made by Triton; and (ii) additional information needed from Participant or any issues regarding Participant’s submission along with the actions necessary for Participant to take to remain eligible for the Program.
- Participant shall have seven (7) calendar days from the date of Triton’s Confirmation to respond to Triton in writing of its acceptance or non-acceptance of Triton’s valuation as well as to take any additional actions requested by Triton. Participant’s failure to respond within such time period to any alternative valuation of the Trade-In Equipment made by Triton will be deemed acceptance thereof by Participant.
- If Participant duly gives notice of non-acceptance of Triton’s alternative valuation, the Trade-In Equipment will be shipped back to Participant, at Participant’s request and sole cost.
- If the Trade-In Equipment is accepted by Triton and the applicable valuation is acceptable to Triton and Participant, Triton will issue a credit memo to Participant’s account within [one] week of Triton’s Confirmation.
- Triton is not responsible for late, lost or misdirected shipments, email, mail or faxes.
- Without limiting any of Triton’s rights or remedies, Participant acknowledges and agrees to reimburse Triton for any and all sums paid, and costs incurred, by Triton for any Trade-In Equipment that is found to have been encumbered, obtained illegally or fraudulently or is otherwise deemed "stolen goods" by applicable law.
- Participant is responsible for all applicable taxes associated with its participation in the Program.
Representations & Warranties:
- Participant hereby represents and warrants to Triton that Participant is the sole owner of the Trade-In Equipment, and that Participant has full right, title and authority to convey the Trade-In Equipment to Triton, free and clear of any mortgage, security interest, lien, claim, charge, option or encumbrance.
- Participant further represents and warrants that the Trade-In Equipment was not obtained illegally or fraudulently.
Indemnification:
Participant agrees to protect, indemnify, defend and hold Triton harmless from any and all claims, suits, demands, actions, damages, liabilities, fines, penalties and expenses (including attorneys’ fees) arising out of (i) Participant’s participation in the Program; and (ii) a breach of Participant’s representations, warranties or obligations hereunder.
Governing Law:
This Program will be governed by and construed in accordance with the laws of the State of Mississippi without regards to its conflict of laws rules. Participant consents that the jurisdiction and venue of any action with respect to this Program shall be in the state and federal courts of Mississippi, and Participant hereby submits itself to the exclusive jurisdiction and venue of such courts for purposes of such action.
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